Georgia sheriff’s deputies claim they never choked Jozzi Rainey before punching her in the face and throwing her to the ground where she landed face-first against the asphalt, chipping a tooth and leaving her nose and mouth bloodied.
But body camera footage released last week shows Bibb County Sheriff’s Deputy Frederick Gray grabbing the Black woman by her neck in a firm grasp before she grabbed his arm and pushed it away from herself.
Gray responded by punching her in the face and slamming her to the ground. Rainey filed a lawsuit against Gray in May, accusing him of excessive force as well as assault and battery.
But it took almost five months for the agency to release the body camera footage and only because the Macon Telegraph newspaper obtained it through a public records request.
The incident took place on June 11, 2022 after Rainey was involved in a two-car accident. Bibb County Sheriff’s deputies showed up and determined she had been drinking and were ordering her to get into the back of a patrol car.
But she kept walking away, demanding to know why they were trying to detain her. She was also insulting Gray, who is also Black, with racial epithets, calling him a “coon” and an “Uncle Tom.”
That was when Gray grabbed her by the neck before punching her and slamming her to the ground.
A Bibb County Sheriff’s spokesperson told the Macon Telegraph that Gray was “well within his right to defend himself and perform his lawful duty” because her behavior that night “could lead any person or officer to believe that a threat is imminent.”
Sgt. Christopher Williams also told the newspaper that Gray did not choke Rainey despite the video showing his hand on her neck.
Samuel G. Alderman III, the Georgia attorney representing Rainey in the lawsuit, said “the video speaks for itself.”
“It accurately documents deputy Gray’s egregious intentional conduct, and it shows Deputy Ahlvin did nothing to assist or mitigate deputy Gray’s conduct,” the attorney said in a telephone interview with Atlanta Black Star.
Although she was initially charged with DUI, prosecutors reduced the charge to reckless driving, to which she pleaded guilty and was sentenced to 12 months probation, according to online court records.
The Lawsuit
The lawsuit also lists Bibb County Sheriff David Davis and Bibb County Sheriff’s Sgt. John Ahlvin as defendants.
Ahlvin who was at the scene as Gray’s supervisor is accused of failing to intervene to stop Gray from using excessive force, which the lawsuit states is a violation of her Fourth Amendment rights.
According to the lawsuit:
Defendant Ahlvin’s decision to turn a blind eye to Defendant Gray’s assault on Plaintiff and his failure to immediately reprimand his immediate subordinate at the scene in fact emboldened Defendant Gray to continue using excessive force and to commit an assault on the Plaintiff.
As a result of Defendant Ahlvin’s indifference, Defendant Gray punched Plaintiff in the face while Defendant Ahlvin looked on without concern.
And Sheriff Davis is accused of protecting Gray, who has a history of using excessive force, according to the lawsuit.
Upon information and belief, Defendant Gay has a history of excessive use of force, and Defendant Macon-Bibb County and Defendant Sheriff David Davis failed to follow proper procedure in terminating his employment.
As a direct and proximate result of Defendants Macon-Bibb County’s and Defendant Sheriff David Davis’ lack of action against Defendant Gray, Plaintiff suffered damages.
But the most damning accusations in the lawsuit are against Gray.
Defendant Gray’s use of physical force against Plaintiff was objectively unreasonable and grossly disproportionate to any legitimate law enforcement need such that every reasonable officer would have known would violate Plaintiff’s clearly established Fourth Amendment rights, including but not limited to:
- Defendant Gray putting his hand around Plaintiff’s throat, choking her, while Plaintiff was not resisting arrest, attempting to flee, and not posing any threat; and
- Defendant Gray punching Plaintiff in the face with a closed fist while Plaintiff was not resisting arrest, attempting to flee, and not posing any threat.
Defendant Gray is not entitled to qualified immunity for his use of excessive force in violation of clearly established law.
Earlier this year, two other Bibb County Sheriff’s deputies, Quency Barnes and Frederick Ogletree, were indicted on charges of violation of oath by a public official, aggravated assault, and battery, accused of choking, kicking and punching a female inmate.
